As I wrote previously, one interesting aspect of the recent Federal Circuit decision in Association for Molecular Pathology v. USPTO, is the apparent scientific basis for the differing opinions of Judge Lourie and Judge Bryson on the patent-eligibility of isolated genomic DNA claims. Unlike many concurring and dissenting opinions that are spurred by a different view of the law, Judge Lourie and Judge Bryson also appear to part ways based on different views of the science.
In this second part of a three-part series, I focus on the views of Judge Bryson.
… Continue reading this entry Tags: 101,ACLU,Association For Molecular Pathology,BRCA,Breast Cancer,DNA,Eligibility,Funk Brothers,Gene,Isolated,Myriad
In a case that did not present the issue, Judge Dyk wrote a separate opinion to express his views that a claim directed to “[a]n isolated DNA molecule” “raises substantial issues of patentable subject matter under 35 USC § 101.” The issues on appeal in Intervet Inc. v. Merial Ltd., related to claim construction and … Continue reading this entry Tags: Chakrabarty,Funk Brothers,Intervet,PCV-2